scheme for allotment of group housing plots - Noida Authority Online

APPLICATION FROM NO.PRICE RS.5000/-SCHEME FOR ALLOTMENTOFGROUP HOUSING PLOTSSCHEME CODE : GH-2009 (III)PLOT SIZE : Above 50000 Sq. mtrsScheme opens on 27-07-2009 and closes on 17-08-2009Tender submission on 17-08-2009 from 10.00 AM to 12.00 noon.Opening of Technical Qualification Bid on 17-08-2009 at 3.00 PM

C:\Documents and Settings\Administrator\Desktop\2009 scheme ads\GH-III\Draft brochure GH-2009-III.docC. ELIGIBILITY1. Any proprietor or partnership firm, private or public limited company or aconsortium of any of the above, can submit tender. The firms and thecompanies should be registered in India.2. The tenderer should be competent to contract.3. The tenderer can Bid for a maximum of 2 (two) plots out of all plots offered inabove Scheme. However, in that case net worth of the applicant should exceedaggregate net worth required for each plot applied for by the applicant takentogether. In case the two adjoining plots are allotted to any successful bidder,amalgamation of the said two plots shall be permissible automatically.4. If a company wants to apply through a subsidiary company, then it should haveminimum of 51% share holding in the subsidiary company. It is clarified that inthis case the applicant will be the subsidiary company who will have to qualifythe minimum requirements of net worth, solvency and turnover.5. In case of company, Board resolution authorizing the applicant to sign on behalfof the company shall be attached with the tender application form.6. In case of partnership firm having more than one partner, all the partners arerequired to sign the tender document and the attached documents. In case thedocuments mentioned above are not signed by all the partners, then necessaryauthorization letter from all the other partners should also be enclosed.7. In case of partnership firm the following should be enclosed:i. a certified copy of duly registered partnership deedii. certificate issued by Registrar of Firms’In case of company the following should be enclosed:i. list of directors duly certified by the Statutory Auditors/ CharteredAccountantii. list of share holders with number of allotted shares duly certified bythe Statutory Auditors/ Chartered Accountantiii. copy of its Memorandum and Article of Association8. In case bidders have formed a consortium;-a) Members of consortium will have to specify one Lead Member who aloneshall be authorized to correspond with Authority. Lead member should bethe single largest shareholder having at least 26% share in the consortium.The shareholding of the lead member in the consortium shall remainunchanged till the “Completion Certificate” of at least one phase of theproject is obtained from the Noida Authority. Each member of theconsortium with equity stake of at least 10% will be considered as the2

C:\Documents and Settings\Administrator\Desktop\2009 scheme ads\GH-III\Draft brochure GH-2009-III.doc“relevant member”. The Lead Member of the consortium must necessarilybe Firm/Company registered in India with the appropriate statutoryAuthority.b) The lead member and the relevant members should jointly qualify theminimum requirement of net worth, solvency, turnover and experience.c) In case of a Consortium, the members shall submit a Memorandum ofAgreement (MOA) conveying their intent to jointly apply for the scheme(s),and in case the plot is allotted to them, the MOA shall clearly define the roleand responsibility of each member in the consortium, particularly withregard to arranging debt and equity for the project and its implementation.The MOA should state that all members shall be jointly and severallyresponsible for the successful implementation of the project. MOA should besubmitted in original duly registered/notarised with appropriate authority.d) The members shall submit a registered/notarised Memorandum ofAgreement (MOA) conveying their intent to jointly apply for the scheme,and in case the plot is allotted to them, to form a ‘Special PurposeCompany’, hereinafter called SPC, that will subsequently carryout all itsresponsibilities as the allottee. The registered MOA must specify the equityshareholding of each member of the Consortium in the proposed SPC. TheSPC must necessarily be a Company registered in India with the appropriatestatutory Authority.e) Execution of the lease deed will be made in favour of Special PurposeCompany (SPC), which should be a registered firm or an incorporatedcompany. The lead member of the consortium shall have to retain its sharesas per MOA, till completion of the project.9. Successful bidders can change the name of the executing company/bodycorporate within 60 days from the date of acceptance of tender after takingprior permission from the Authority, provided the promoters remain the same.Undertaking to this effect should be given to the Authority.10. However, the Applicant/SPC will be allowed to Transfer/Sell up to 49% of itsshareholding, subject to the conditions that the original “Relevant Members:including the “Lead Member” (on the date of submission of the tender) shallcontinue to hold at least 51% of the shareholding and the “Lead Member” shallremain unchanged till the Applicant/SPC obtains the “Completion Certificate”from NOIDA.D. ESSENTIAL QUALIFICATIONS:-D-1 TECHNICAL ELIGIBILITY CRITERIA:Details of minimum two completed projects related to real estate development andconstruction activities (excluding merely trading in real estate) like landdevelopment/housing/colonizing jobs of bonafide allotted land/commercial/IT/ITESprojects development executed along with approximate cost and date of3

C:\Documents and Settings\Administrator\Desktop\2009 scheme ads\GH-III\Draft brochure GH-2009-III.doccompletion during the last 5 years. The total sanctioned plans and completioncertificates should be a minimum 15.00 lac sq. ft. in aggregate of construction bythe Tenderer/Consortium Lead Member, its Relevant Members and theirsubsidiaries and holding company, as per Annexure 1(c).D-2 FINANCIAL ELIGIBILITY CRITERIA:Parameters(i) Minimum Net Worth as on 31.03.2009 duly certified bythe tenderer’s statutory auditors/ CharteredAccountant(ii) Minimum Solvency as per Certificate not more than 6months old, from a Nationalised/Scheduled Bank(iii) Minimum Total Turnover from real estate activities forthe last 3 accounting years duly audited by thetenderer’s statutory auditors/ Chartered Accountant i.e.2006-07,2007-08 and 2008-09, as per Annexure-I (b)of this brochure(iv) Registration money(v) Processing Fee (Non adjustable/non refundable)For Plot Areaabove 50000 sqmtrsRs. 75.00 croresRs. 10.00 croresRs. 200.00 croresRs. 10.00 croresRs. 5.00 LakhsNet Worth Calculation shall be done as below :(a) In case of a Company, Net-worth= Paid up share capital (excluding shareapplication money) plus Reserves and surplus (excluding revaluation reserve)less Preliminary and pre-operative expenditure; less miscellaneous expenditureto the extent not written off; less accumulated losses ;less intangible assets. NetWorth statement certified by the statutory auditors/ Chartered Accountant of theCompany should be submitted.(b)(c)In case of a Partnership firm, the contribution by each partner taken together inthe capital of the firm shall be considered as Net Worth of the Partnership Firmexcluding intangible assets, if any. Net Worth Statement certified by the statutoryauditors/ Chartered Accountant of the firm should be submitted.Individual Net Worth statement (relating to application made by proprietorshipfirm) certified by the tenderer’s statutory auditors/ Chartered Accountant alongwith certified true copies of income tax / wealth tax return with all its enclosuressubmitted to Income Tax Authority should be submitted.D-3 Please also attach(i)(ii)List of projects in hand at present and the status, of their implementation,cost incurred and expected time of completion of each project separately.Organization chart, list of staff, details of in-house architectural facilities, listof structural consultants/engineers used during the last three years.4

C:\Documents and Settings\Administrator\Desktop\2009 scheme ads\GH-III\Draft brochure GH-2009-III.docNOTE:-(i)(ii)(ii)All amounts are in Indian National Rupees.In case of a consortium, the above information should be provided for the “leadmember” and the “relevant members” only, who should jointly qualify thetechnical & financial eligibility criteria, as enumerated in D-1 and D-2 above.In case the tenderer / consortium member is a company, then the qualificationsof its holding company or subsidiary companies can also be considered as thequalifications of the applying company / consortium member.E. HOW TO APPLY1. The intending bidder may apply for allotment of plot on prescribed ApplicationForm. The Form shall be made available from 27.07.2009 to 17.08.2009 onpayment of Rs.5,000/- at Union Bank of India, Sector-62, Noida, HDFCBank, Sector-18, Noida and Vijaya Bank, Sector-6, Noida.2. The registration money and processing fee should be in the form of BankDraft/Pay Order in favour of New Okhla Industrial Development Authoritypayable at New Delhi/Noida3. Two Separate envelopes should contain technical qualification bid (ENVELOPENo.1) and financial bid (ENVELOPE No.2), respectively.4. Both these envelopes should be sealed and super scribed as TECHNICALQUALIFICATION BID (ENVELOPE No.1) FOR GROUP HOUSING PLOTNO…….SECTOR……. and FINANCIAL BID (ENVELOPE No.2) FOR GROUPHOUSING PLOT NO…….SECTOR……., respectively.5. Both these sealed envelopes should be put into one envelope which should besuper scribed as application for GH-2009(III) FOR GROUP HOUSING PLOTNO…….SECTOR…….. This envelope should also be sealed before putting intotender box.6. The demand draft for processing fee & registration money should be attachedwith technical qualification bid documents.7. The following documents are required to be submitted with the “TechnicalQualification Bid” documents placed in Envelope No.-I after getting them dulycertified by the tenderer’s statutory auditors/ Chartered Accountant.i. Certified true copy of Certificate of Incorporation/ Certificate forCommencement of Business.ii. General information of the tenderer as per Annexure-1 (a)iii.iv.Certified true copy of Memorandum & Articles of AssociationList of Directors certified by a Chartered Accountantv. List of Shareholders certified by the statutory auditors/ CharteredAccountant. In case the numbers are large, list should contain details of5

C:\Documents and Settings\Administrator\Desktop\2009 scheme ads\GH-III\Draft brochure GH-2009-III.docmajor shareholding i.e of promoters, institutions, corporates and thepublic.vi. Audited annual reports for the last three (3) years i.e. 2006-07,2007-08 and 2008-09 (in case unaudited for the year 08-09, CA’scertified annual report should be submitted). In case of a Consortium,the audited annual reports of each MEMBER of the consortium for lastthree years shall be submitted.vii.viii.Board resolution authorizing the person for making this applicationPartnership Deed in case of Partnership firmix. Net Worth Statement certified by the statutory auditors/ CharteredAccountant of the Company/ Partnership firm.x. Certificate of Turnover from real estate activities for the last three yearscertified by the statutory auditors/ Chartered Accountant of theCompany/ Firm as per format given in Annexure-I (b).xi.xii.Solvency Certificate not more than 6 months old from a nationalized/scheduled bank.Details of work experience along with copies of completion certificates,issued by the concerned statutory authority as per format given inAnnexure-I (c).Apart from the above list (not exhaustive) relevant documentsmentioned in other part of this document also needs to be submitted.F. ACCEPTANCE OF TENDER1. Technical qualification bids for the tenders will be received on 17.08.2009from 10.00 A.M. to 12.00 noon in the office of Assistant General Manager(Group Housing Plot), Sector 6, Noida and will be opened in the presence of thebidders at 3.00 p.m. on the same day in Indira Gandhi Kala Kendra, Sector 6,Noida. The presence of all the tenderers is solicited.2. All the “Technical Qualification Bids” shall be examined by the NOIDA, who shalldeclare the list of the technically qualified bidders. The decision of the NOIDA inthis regard, shall be final and binding on all the bidders.3. The Financial bids of only technically qualified bidders shall be openedsubsequently. The Technically Qualified bidders shall be informed of the timeand date of opening of financial bids. The Unqualified Technically bidders willnot be informed regarding the opening of financial bids. However the list oftechnically qualified bidders along with the schedule of opening of financial bidsshall be displayed on the notice board of the authority.4. In case more than one tender of same highest amount is received against theplot, an auction will be conducted amongst these highest amount bidders, so asto enhance the highest financial bid quoted.5. Incompletely filled tender document will be summarily rejected.6. The tenderer cannot withdraw the Offer/Tender once made.6

C:\Documents and Settings\Administrator\Desktop\2009 scheme ads\GH-III\Draft brochure GH-2009-III.doc7. The Chief Executive Officer of the Authority may, without assigning any reason,add one or more plots in the scheme and/or withdraw any one or all of theplots from the scheme at any stage. Similarly size of the plot may be increasedor decreased.8. The Chief Executive Officer may accept or reject any offer, including the highestbid, and his decision in this behalf shall be final and binding on the tenderer.9. There will be no correspondence on issues/grounds raised in technicallydisqualified bids.G. PAYMENT1. All payment should be made through a demand draft/pay order drawn in favourof “NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY” and payable at anyscheduled bank located in New Delhi/Noida. The applicant/ allottee shouldclearly indicate his name and details of plots applied for / allotted on thereverse of the demand draft/pay order.2. The successful bidder shall be required to pay 5% of the total premium of theplot as reservation money after adjusting registration money within 30 daysfrom the date of issuance of Acceptance Letter, otherwise the claim forallotment will be treated as deemed cancelled. No correspondence will beentertained in this regard. After confirming the receipt of 5% amount asmentioned above, the formal Allotment letter will be issued.3. The allottee on issue of formal Allotment Letter shall then be required to pay5% of the total premium of the plot as allotment money within 60 days fromthe date of issuance of such allotment letter.4. The allottee shall also deposit due stamp duty for lease deed in treasury ofDistrict Gautam Budh Nagar and should produce a certificate to that effect inGroup Housing Department Noida within 90 days from the issue of formalallotment letter.5. There shall be moratorium of 24 months from the date of allotment and onlythe interest @ 11% per annum compounded half yearly , accrued during themoratorium period, shall be payable in half yearly instalments. After expiry ofmoratorium period, the balance 90% premium of the plot along with interestwill be paid in 16 half yearly installments alongwith interest.6. In case of default in depositing the instalments or any payment, interest @14% compounded half yearly shall be leviable for defaulted period on thedefaulted amount.7. Premium referred to in this document means total amount payable to theAuthority for the allotted plot.7

C:\Documents and Settings\Administrator\Desktop\2009 scheme ads\GH-III\Draft brochure GH-2009-III.doc8. All payments should be remitted by due date. In case the due date is a bankholiday then the allottee should ensure remittance on the previous working day.9. In case of default, the allotment offer will be considered as cancelled withoutany further notice and the amount equivalent to registration money shall beforfeited. No interest will be paid on such amounts. However, this is subject toclause ‘H’ of this document.10. The payment made by the allottee will first be adjusted towards the interestdue, if any, and thereafter the balance will be adjusted towards the premiumdue and the lease rent payable.11. Lease Rent shall be paid in accordance with Clause M of this document.12. In case of allotment of additional land, the payment of the premium of theadditional land shall be made in lump sum within 30 days from the date ofcommunication of the said additional land.H. EXTENSION OF TIME1. Normally extension for depositing the reservation money, and allotment moneyshall not be allowed. However, on receipt of request from the allottee in writingand on being satisfied with the reasons mentioned, the NOIDA may grant amaximum of 30 days extension to deposit the reservation money/allotmentmoney, subject to the payment of interest @ 14% (11% normal interest + 3%penal interest) per annum on pro-rata basis. Thereafter, ordinarily no extensionof time will be granted and the allotment will be cancelled along with theforfeiture of the earnest money.2. In exceptional circumstances, the time for the payment of balance due amountmay be extended by the Chief Executive Officer of the Authority.3. However, in such cases of time extension, interest @ 14% per annumcompounded half yearly shall be charged on the outstanding amount for suchextended period.4. Extension of time, normally, shall not be allowed for more than 60 daysfor each instalment to be deposited, subject to maximum of three (3)such extensions during the entire payment schedule.5. For the purpose of arriving at the due date, the date of issuance of allotmentletter will be reckoned as the date of allotment.I. AREAThe area of plot allotted may slightly vary at the time of handing over of thepossession. The premium of plot will proportionately vary due to suchvariations. If such variation is within 10% limits, no surrender shall be allowed.However, if such variation is more than 10%, allottee will have the option ofsurrendering the allotment and taking back the entire amount deposited byhim/her without any interest, except the processing fee. The applicable rate ofallotment of additional area shall be the accepted tender rate at the time of8

C:\Documents and Settings\Administrator\Desktop\2009 scheme ads\GH-III\Draft brochure GH-2009-III.doccommunication about the additional land. Payment of premium of the additionalland will be made as per clause G.10 & 11 of this document.J. AS IS WHERE IS BASIS / LEASE PERIODThe plots will be accepted by the allottee on an “As is where is basis” on a leasefor a period of 90 years starting from the due date of execution of the leasedeed.K. UNSUCCESSFUL APPLICANTSRegistration Money without interest will be returned to the unsuccessful bidderafter completion of tender process. However, processing fee shall not berefunded. The Authority reserves the right to retain/ forfeit the RegistrationMoney in case the information furnished by the applicant is found to beincorrect/ misleading with regard to net worth, turnover, experience and othermaterial facts.L. SURRENDERThe request for surrender of plot will only be considered prior to cancellation,as per following provisions:1. In case of surrender before the issue of acceptance letter 50% of theregistration money shall be forfeited.2. In case of surrender, after the deposit of reservation money but before thedate of deposit of allotment money, the deposited amount would be refunded,without any interest after deducting the registration money3. In case of surrender, after the deposit of allotment amount but before theexecution of lease deed, the deposited amount would be refunded, withoutinterest after deducting 5% of the total premium of plot.4. Surrender after execution of lease deed shall not be allowed.5. The date of surrender in the above case shall be the date on which applicationis received at the Authority’s office. No subsequent claim on the basis of postaldelay, etc., will be entertained.M. LEASE RENTIn addition to the premium of plot, the Lessee shall have to pay yearly leaserent in the manner given below:(i)(ii)The lease rent will be 1% of the plot premium for the first 10 years of leaseperiod.The lease rent may be enhanced by 50% after every 10 years i.e. 1.5 times ofthe prevailing lease rent.9

C:\Documents and Settings\Administrator\Desktop\2009 scheme ads\GH-III\Draft brochure GH-2009-III.doc(iii)(iv)(v)The lease rent shall be payable in advance every year. First such payment shallfall due on the date of execution of lease deed and thereafter, every year, on orbefore the last date of previous financial year.Delay in payment of the advance lease rent will be subject to interest @14%per annum compounded half yearly on the defaulted amount for the defaultedperiod.The allottee/ lessee has the option to pay lease rent equivalent to 11 years@1% of the premium of the plot per year as “One Time Lease Rent” unless theAuthority decides to withdraw this facility. On payment of One Time Lease Rent,no further annual lease rent would be required to be paid for the balance leaseperiod. This option may be exercised at any time during the lease period,provided the allottee has paid the earlier lease rent due and lease rent alreadypaid will not be considered in One Time Lease Rent option.N. POSSESSION1. Possession of allotted land will be handed over to the Lessee after executionand registration of lease deed. Possession of part of land shall not be allowed.2. Execution and registration of lease deed can be done only after a minimumpayment of 10% of premium and payment of one year lease rent in advance.3. The Lessee will be authorized to develop and market the flats only after thelawful possession of the allotted plot is taken over.O. EXECUTION OF SUB LEASE DEED1. The Lessee shall have to fulfill the following conditions before the execution ofthe sub lease of the flats/plots in favour of the individual allottees:i. Lessee shall submit the temporary occupancy (completion)certificate/ occupancy (completion) certificate of the constructed flatson the allotted plot from the Building Cell of the Authority asmentioned in clause-R of this document.ii. Lessee shall submit No Dues Certificate in accordance with thepayment schedule specified in the Lease Deed from the AccountsDepartment ( Residential) of the Authority.2. The Lessee shall have to execute sub lease in favour of the individual allotteesfor the developed flats/plots in the form and format as prescribed by theAuthority.3. The Lessee as well as allottees shall have to follow the rules and regulationsprescribed in respect of leasehold properties and shall have to pay the chargesas per the rules of the Authority/Government of Uttar Pradesh, as applicable.4. Every sale done by the Lessee shall have to be registered before the physicalpossession of the property is handed over.10

C:\Documents and Settings\Administrator\Desktop\2009 scheme ads\GH-III\Draft brochure GH-2009-III.doc5. The allot tee/lessee shall submit list of individual allottees of Flats within 6months from the date of obtaining occupancy certificate.P. INDEMNITYThe Lessee shall execute an indemnity bond, indemnifying the Authority againstall disputes arising out of:1. Non-completion of Project.2. Quality of construction3. Any legal dispute arising out of allotment /lease to final purchaser.The Lessee shall wholly and solely be responsible for implementation of theProject and also for ensuring quality, development and subsequentmaintenance of building and services till such time, alternate agency for suchwork / responsibility is identified legally by the Lessee. Thereafter the agencyappointed by the Lessee will be responsible to the authority for maintenanceand service of the constructed flats / building.Q. DOCUMENTATIONThe allottee shall deposit due stamp duty for Lease Deed in the Treasury ofDistt. Gautam Budh Nagar and should produce a certificate to that effect inGroup Housing Department, NOIDA within 90 days from the date of issue ofAllotment Letter. The cost and expenses of preparation, stamping andregistering the legal documents and its copies and all other incidental expenseswill be borne by the allottee, who will also pay the stamp duty levied ontransfer of immovable property, or any other duty or charge that may be leviedby any Authority empowered in this behalf. However in case of delay inexecution of lease deed by the allottee, extension can be granted by the ChiefExecutive Officer , at his discretion or any other officer authorized by himsubject to payment of penalty @ Rs. 10/- for 1000 Sq.Mtrs. per day. TheLessee shall be responsible to communicate to the allottees the conditionsapplicable to them before making any allotment.R. CONSTRUCTION1. The lessee is required to submit building plan together with the master planshowing the phases for execution of the project for approval within 6 monthsfrom the date of possession and shall start construction within 12 months fromthe date of possession. Date of execution of lease deed shall be treated as thedate of possession. The Lessee shall be required to complete the construction ofgroup housing pockets on allotted plot as per approved layout plan and get theoccupancy certificate issued from Building Cell Department of the Authority inmaximum 5 phases within a period of 7 years from the date of execution oflease deed. The lessee shall be required to complete the construction ofminimum 15% of the total F.A.R. of the allotted plot as per approved layoutplan and get temporary occupancy/completion certificate of the first phaseaccordingly issued from the building cell of the Authority within a period ofthree years from the date of execution of lease deed.11

C:\Documents and Settings\Administrator\Desktop\2009 scheme ads\GH-III\Draft brochure GH-2009-III.docIn case of plotted development, the final purchaser/sub-lessee of plot shallhave to obtain completion certificate from the Authority within the period of 5years from the date of execution of lease deed.2. All the peripheral/external development works as may be required to be carriedout up to the allotted plot including construction of approach road, drains,culverts, electricity distribution/transmission lines, water supply, sewerage willbe provided by the Lessor /Authority . However, all the expenses as may berequired to connect these services with the internal system of services of plotshall be incurred by the Lessee.3. Without prejudice to the Authority’s right of cancellation, the extension of timefor the completion of Project, can be extended for a maximum period ofanother three years only with penalty as under:• For first year the penalty shall be 4% of the total premium.• For second year the penalty shall be 5% of the total premium.• For third year the penalty shall be 6% of the total premium.Extension for more than three years, normally will not be permitted.4. In case the Lessee does not construct building within the time providedincluding extension granted, if any, for above, the allotment/ lease deed as thecase may be, shall be liable to be cancelled. Lessee shall lose all rights to theallotted land and buildings appurtenant thereto.5. There shall be total liberty at the part of allottee /lessee to decide the size ofthe flats/plots or to decide the ratio of the area for flatted/ plotteddevelopment. The F.S.I earmarked for commercial/Institutional use would beadmissible but the allottee /lessee may utilize the same for residential use asper their convenience.6. The allottee /lessee may implement the project in maximum five phases andthe occupancy certificate/completion certificate shall be issued by the authorityphase wise accordingly enabling them to do phase-wise marketing.SMORTGAGEThe Lessee may, with prior permission of the Authority/Lessor, mortgage theland to any Financial Institution(s) / Bank(s) for raising loan for the purpose offinancing his investment in the project on receipt of payment by allottee or onreceipt of assurance of payment by bank or under any other suitablearrangement in mutual settlement amongst the Authority, developer and thefinancial institution(s)/Bank(s). As regards the case of mortgaging the land toany Financial Institution(s)/ Bank(s) to mortgage the said land to facilitate thehousing loans of the final purchasers, N.O.C may be issued subject to suchterms and conditions as may be decided by the Authority at the time ofgranting the permission.Provided that in the event of sale or foreclosure of the mortgaged/chargedproperty the Authority shall be entitled to claim and recover such percentage,as decided by the Authority, of the unearned increase in values of properties in12

C:\Documents and Settings\Administrator\Desktop\2009 scheme ads\GH-III\Draft brochure GH-2009-III.docrespect of the market value of the said land as first charge, having priority overthe said mortgage charge, the decision of the Authority in respect of the marketvalue of the said land shall be final and binding on all the parties concerned.The Authority’s right to the recovery of the unearned increase and the preemptiveright to purchase the property as mentioned herein before shall applyequally to involuntary sale or transfer, be it bid or through execution of decreeof insolvency/court.TTRANSFER OF PLOTS(i)(ii)(iii)(iv)(v)(vi)The transfer of allotted group-housing plot, as a whole will not be allowedunder any circumstances. However, individual flat/plot will be transferable withprior approval of the Authority as per the following conditions:-The dues of NOIDA towards cost of land shall be paid in accordance with thepayment schedule specified in the Lease Deed before executing of sub-leasedeed of the flat.The lease deed has been executed.Transfer of flat will be allowed only after obtaining completion certificate forrespective phase by the Lessee.The sub-lessee undertakes to put to use the premises for the residential useonly.The lessee has obtained building occupancy certificate from Building Cell,NOIDA.First sale/transfer of a flat to an allottee shall be through a Sub-lease/LeaseDeed to be executed on the request of the Lessee to the Authority in writing.(vii) No transfer charges will be payable in case of first sale. However, onsubsequent sale, transfer charges shall be applicable on the prevailing rates asfixed by the Authority.(viii)Rs. 1000/- shall be paid as processing fee in each case of transfer of flat inaddition to transfer charges.UMISUSE, ADDITIONS, ALTERATIONS ETC.The Lessee shall not use flat for any purpose other than for residential purpose.In case of violation of the above conditions, allotment shall be liable to becancelled and possession of the premises along with structure thereon, if any,shall be resumed by the Authority.The Lessee will not make, any alteration or additions to the said building orother erections for the time being on the demised premises, erect or permit toerect any new building on the demised premises without the prior writtenconsent of the Lessor and in case of any deviation from such terms of plan,13

C:\Documents and Settings\Administrator\Desktop\2009 scheme ads\GH-III\Draft brochure GH-2009-III.docshall immediately upon receipt of notice from the Lessor requiring him to do so,correct such deviation as aforesaid.If the Lessee fails to correct such deviation within a specified period of timeafter the receipt of such notice, then it will be lawful for the Lessor to causesuch deviation to be corrected at the expense of Lessee who hereby agrees toreimburse by paying to the lessor such amounts as may be fixed in that behalf.VLIABILITY TO PAY TAXESThe Lessee shall be liable to pay all rates, taxes, charges and assessment ofevery description imposed by any Authority empowered in this behalf, inrespect of the plot, whether such charges are imposed on the plot or on thebuilding constructed thereon, from time to time.WOVERRIDING POWER OVER DORMANT PROPERTIESThe lessor reserves the right to all mines, minerals, coals, washing gold earthoil, quarries in or under the plot and full right and power at any time to do allacts and things which may be necessary or expedient for the purpose ofsearching for, working and obtaining removing and enjoying the same withoutproviding or leaving any vertical support for the surface of the flats or for thestructure time being standing thereon provided always, that the Lessor shallmake reasonable compensation to the Lessee for all damages directlyoccasioned by exercise of the rights hereby reserved. The decision of the ChiefExecutive Officer / Authority on the amount of such compensation shall be finaland binding on the applicant/allottee/lessee.X. MAINTENANCE1. The Lessee at his own expenses will take permission for sewerage, electricityand water connections from the concerned departments.2. The Lessee shall have to plan a maintenance programme whereby the entiredemised premises and buildings shall be kept:-a) in a state of good condition to the satisfaction of the Lessor at all times.b) and to make available required facilities as well as to keep surroundingsin all times neat and clean, good healthy and safe condition according to theconvenience of the inhabitants of the place.3. The Lessee shall abide by all regulations, Bye-laws, Directions and Guidelines ofthe Authority framed/issued under section 8,9 and 10 or under any otherprovisions of U.P. Industrial Area Development Act 1976 and rules madetherein.4. In case of non-compliance of terms and directions of Authority, the Authorityshall have the right to impose such penalty as the Chief Executive Officer mayconsider just and expedient.14

C:\Documents and Settings\Administrator\Desktop\2009 scheme ads\GH-III\Draft brochure GH-2009-III.doc5. The lessee/sub-lessee shall make such arrangements as are necessary formaintenance of the building and common services and if the building is notmaintained properly, the Chief Executives Officer or any officer authorized byChief Executive Officer, NOIDA will have the power to get the maintenancedone through any other Authority and recover the amount so spent from thelessee/sub-lessee. The lessee/ sub-lessee will be individually and severallyliable for payment of the maintenance amount. The rules/regulation of U.P. FlatOwnership Act, 1975 shall be applicable on the lessee/sub-lessee. No objectionto the amount spent for maintenance of the building by the lessor shall beentertained and decision of the Chief Executive Officer, NOIDA in this regardshall be final.Y. CANCELLATION OF LEASE DEEDIn addition to the other specific clauses relating to cancellation, theAuthority/Lessor, as the case may be, will be free to exercise its right ofcancellation of lease/allotment in the case of :1. Allotment being obtained through misrepresentation/suppression of materialfacts, mis-statement and/or fraud.2. Any violation of directions issued or rules and regulation framed by anyAuthority or by any other statutory body.3. Default on the part of the applicant/allottee/lessee for breach/violation of termsand conditions of registration/allotment/lease and/or non-deposit of allotmentamount.4. If at the same time of cancellation, the plot is occupied by the Lessee thereon,the amount equivalent to 25% of the total premium of the plot shall beforfeited and possession of the plot will be resumed by the Authority withstructure thereon, if any, and the Lessee will have no right to claimcompensation thereof. The balance, if any shall be refunded without anyinterest. The forfeited amount shall not exceed the deposited amount with theAuthority and no separate notice shall be given in this regard.5. If the allotment is cancelled on the ground mentioned in para Y1 above, theentire amount deposited by the Lessee, till the date of cancellation shall beforfeited by the Authority and no claim whatsoever shall be entertained in thisregard.Z. OTHER CLAUSES1. The Authority / Lessor reserves the right to make such additions / alternationsor modifications in the terms and conditions of allotment/lease deed/sub leasedeed from time to time, as may be considered just and expedient.2. In case of any clarification or interpretation regarding these terms andconditions, the decision of Chief Executive Officer of the Authority shall be finaland binding.15

C:\Documents and Settings\Administrator\Desktop\2009 scheme ads\GH-III\Draft brochure GH-2009-III.doc3. If due to any “Force Majeure” or such circumstances beyond the Authority’scontrol, the Authority is unable to make allotment or facilitate the Lessee toundertake the activities in pursuance of executed lease deed, the depositsdepending on the stages of payments will be refunded along with simpleinterest @ 4% p.a., if the delay in refund is more than one year from suchdate.4. If the Lessee commits any act of omission on the demised premises resulting innuisance, it shall be lawful for the Authority to ask the Lessee to remove thenuisance within a reasonable period failing which the Authority shall itself getthe nuisance removed at the Lessee’s cost and charge damages from theLessee during the period of submission of nuisance.5. Any dispute between the Authority and Lessee/ Sub-Lessee shall be subject tothe territorial jurisdiction of the Civil Courts having jurisdiction over District .Gautam Budh Nagar or the Courts designated by the Hon’ble High Court ofJudicature at Allahabad6. The Lease Deed/allotment will be governed by the provisions of the U.P.Industrial Area Development Act, 1976 (U.P. Act No. 6 of 1976) and by therules and/ or regulations made or directions issued, under this act.7. The Authority will monitor the implementation of the project. Applicants who donot have a firm commitment to implement the project within the time limitsprescribed are advised not to avail the allotment.8. The lessee/sub-lessee of the Lessee shall be liable to pay all taxes/ chargeslivable from time to time NOIDA or any other authority duly empowered bythem to levy the tax/charges.9. Dwelling units flats shall be used for residential purpose only. In case ofdefault, render the allotment/lease liable for cancellation and the Allottee/Lessee/sub-lessee will not be paid any compensation thereof.10. Other buildings earmarked for community facilities can not be used forpurposes other than community requirements.11. All arrears due to the Lessor would be recoverable as arrears of land revenue.12. The Lessee shall not be allowed to assign or change his role, otherwise thelease shall be cancelled and entire money deposited shall be forfeited.13. The Authority in larger public interest may take back the possession of theland/building by making payment at the prevailing rate.14. In case the Authority is not able to give possession of the land in anycircumstances, deposited money will be refunded to the allottee with simpleinterest.16

C:\Documents and Settings\Administrator\Desktop\2009 scheme ads\GH-III\Draft brochure GH-2009-III.docFor further clarification please contact:Assistant General Manager, (Group Housing Plots)Main Administrative Building,Sector 6, NoidaPhone 0120-242210517